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FUGATE v. STATE

No. 34681.

99 N.W.2d 874 (1959)

169 Neb. 434

Caril Ann FUGATE, Plaintiff in Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

December 11, 1959.

Attorney(s) appearing for the Case

John H. McArthur, Merril R. Reller, Lincoln, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Cecil S. Brubaker, Asst. Atty. Gen., for defendant in error.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

CARTER, Justice.

This is a petition in error by the defendant Caril Ann Fugate seeking a review of an order of the district court for Lancaster County denying a new trial on the ground of newly discovered evidence. A previous petition in error based on errors alleged to have occurred at the trial was before the court in Fugate v. State, 169 Neb. 420, 99 N.W.2d 868. The record of the trial in that...

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